Appeal 31840

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 31840

Submission Date: 8/30/23 11:22 AM

Hearing Date: 9/6/23

Case #: B-003

Appeal Type: Building

Project Type: Residential

Building/Business Name: Cottage, Miller Property

Appeal Involves: Alteration of an existing structure,other: Confirm Historic Permit / Existance

Proposed use: Approved Second Residence via County Non-Confirming Use Approval T2-2020-16000

Project Address: 18015 NW Sauvie Island Rd.

Appellant Name: Michael Miller

LUR or Permit Application #: Other App # 23-057744-RS

Stories: 1 Occupancy: ADU/SFD Construction Type: Stick Framing

Fire Sprinklers: No

Plans Examiner/Inspector: Robert Bigelow

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

24.10.080

Requires

Per Chris Pagnotta:
"the building in question is existing in terms of its presence but it has yet to be established as existing under the benefit of the provisions of a building permit. The ALTA land survey certainly establishes the building exists as does the determination by Multnomah County. However, it’s the existence of a building permit which needs to be established before the building code legality of the structure can be established. It is this that would then be the basis for review for the proposed alterations to the structure. Without a record establishing the criteria against which the structure was built, the proposed alterations cannot be reviewed." For this, we request an administrate appeal to establish Construction under a Building Permit, based on the attached findings.

Code Modification or Alternate Requested

We request an Administrative Appeal to establish historic building under a building permit - based on historic tax record evidence, which placed the permitted structure in service. Also supported by recent Multnomah County Land Use Dept. approvals, including: its verificaiton / approval as a non-conforming use, and Countyplan approvals for the proposed repair.

Proposed Design

There is no design appeal. The proposed rehab/repair actually reduces the size of the structure to its original foundation footprint.

Reason for alternative

N/A

Appeal Decision

Determination of 2nd residence as an existing structure: Granted as proposed.

The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-6251 or come to the Development Services Center.